R.S. MALIK Vs. SH. KRISHAN MOHAN, IAS

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order dated 9.12.2006, passed by the learned Civil Judge (Jr. Divn.), Chandigarh, on an application moved under Order 7 Rule 11(b) read with Section 151 of the Code of Civil Procedure, 1908, as amended.

(2.) THE petitioner filed a suit for recovery of damages, mentioning therein that the value of the suit for the purposes of court fee was valued at Rupees one lac and court fee of Rs. 3320/- (Rupees three thousand three hundred and twenty only) was paid. In the prayer clause it was prayed that, the suit of the plaintiff be decreed with costs for a sum of Rupees one crore against each of defendants Nos. 1 to 8 severally. Interest @ 18% p.a. was also claimed on the decretal amount.

(3.) DEFENDANTS Nos. 1 to 4 thereafter moved an application for rejection of plaint for want of requisite court fee. The learned trial Court was pleased to pass the impugned order. The operative part of which reads as under :-